Leon Kizer v. U.S. Environmental Protection Agency

Filing 26

ORDER granting ECF No. 25 Stipulation for Extension of Time to File the Discovery Plan/Scheduling Order (sixth or more request). Discovery Plan/Scheduling Order due by 6/7/2018. Signed by Magistrate Judge William G. Cobb on 3/12/2018. (Copies have been distributed pursuant to the NEF - LH)

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Case 3:16-cv-00395-LRH-WGC Document 25 Filed 03/09/18 Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 Douglas R. Brown, Esq., NSB #7620 Lemons, Grundy & Eisenberg 6005 Plumas Street, Suite 300 Reno, NV 89519 drb@lge.net Telephone: (775) 786-6868 Facsimile: (775) 786-9716 FAEGRE BAKER DANIELS LLP Jerome A. Miranowski, Esq. jerome.miranowski@FaegreBD.com Jane E. Maschka, Esq. Jane.maschka@FaegreBD.com 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402 Telephone: (612) 766-7000 Facsimile: (612) 766-1600 Attorneys for Petitioner Leon Mark Kizer 12 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 13 14 Leon Mark Kizer, 15 16 Petitioner, Case No. 3:16-CV-00395-LRH-WGC v. STIPULATION FOR EXTENSION OF TIME TO FILE DISCOVERY PLAN AND SCHEDULING ORDER 17 18 19 United States Environmental Protection Agency, Respondent. 20 / 21 According to Local Rule 26-1, the Parties must submit a stipulated discovery plan and 22 scheduling order within 44 days of the filing of the Answer. The Parties have previously 23 requested, and the Court has granted, an extension of the deadline six times to allow for a 24 possible resolution in this matter: first to December 12, 2016, second to March 13, 2017, third 25 to June 12, 2017, fourth to September 10, 2017, fifth to December 11, 2017, and sixth to 26 March 11, 2018. 27 discussed below, the final resolution of this matter has been delayed by developments in a 28 separate litigation. There has been substantial progress towards this resolution, but as 1 US.116859694.01 Case 3:16-cv-00395-LRH-WGC Document 25 Filed 03/09/18 Page 2 of 4 1 Now, the Parties, by and through their respective counsel, have agreed and hereby 2 stipulate pursuant to Federal Rule of Civil Procedure Rule 6 (b) and Local Rules IA 6-1, IA 6-2, 3 7-1, and 26-4 that the deadline for filing a stipulated discovery plan and scheduling order is 4 hereby extended 90 days to June 7, 2018. 5 This petition involves an objection to a compliance order (the “Compliance Order”) 6 issued by the United States Environmental Protection Agency (“EPA”) to Petitioner/Appellee 7 Leon Mark Kizer and the Pine View Estates Homeowner’s Association (“PVHOA”). 8 The resolution of this petition, in the manner the Parties have been anticipating, 9 hinges on the settlement of a related matter. On September 12, 2017, Kizer and PVHOA 10 entered into a settlement agreement ("Settlement Agreement") in Kizer v. PTP, Inc. et al, Case 11 No. 3:15-CV-00120-RCJ-WGC (D. Nev.) (ECF No. 338). There are over 200 defendants in the 12 Kizer case, including all of the individual homeowners in the PVHOA, and the Bureau of Indian 13 Affairs (“BIA”). The Settlement Agreement was contingent on the BIA’s approval of the 14 transfer of common areas from trust to fee – the BIA holds title to the land comprising the 15 PVHOA in trust on behalf of Kizer. The fee lands would serve as collateral for a loan to fund 16 the obligations as detailed in the Compliance Order. The BIA approved said trust-to-fee 17 transfer on October 18, 2017 and that transfer was contemplated to occur by the end of 18 November, 2017. 19 On November 8, 2017, the Hon. Robert C. Jones confirmed and approved the 20 Settlement Agreement. See Kizer v. PTP, Inc., Case No. 3:15-CV-00120-RCJ-WGC (D. Nev.) (ECF 21 No. 452). However, subsequent to Judge Jones’ approval of the Settlement Agreement, a 22 dispute arose between Kizer and some of the defendants in the implementation of the 23 Settlement Agreement; specifically, attorneys representing the title insurers who are funding 24 the Settlement Agreement, as well as attorneys representing individual homeowners, have 25 asserted that the BIA has not fully complied with the terms of the Settlement Agreement, and 26 by extension, the requirements of the National Historic Preservation Act (“NHPA”) in effecting 27 the transfer of land. To date, the issue of whether or not there has been compliance with 28 NHPA or the terms of the Settlement Agreement in the Kizer case is still being resolved but 2 US.116859694.01 Case 3:16-cv-00395-LRH-WGC Document 25 Filed 03/09/18 Page 3 of 4 1 the parties are approaching a resolution. 2 If and when the settlement closes in Kizer v. PTP, Inc., the parties in the case anticipate 3 lodging a consent decree in another related case, Pine View Estates Homeowner’s Assoc. v. 4 EPA, Case No. 3:16-CV-00402 (D. Nev.), relating to and addressing the Compliance Order. The 5 consent decree will need to be negotiated and once finalized and approved by officials at EPA 6 and the United States Department of Justice, will be lodged with the Court. The Parties will 7 then request that the Court approve and enter the consent decree. The consent decree will 8 vacate the Compliance Order as to Kizer and will make the PVHOA solely responsible for the 9 wastewater treatment system that is the subject of the Compliance Order. The approval and 10 entry of the anticipated consent decree vacating the Compliance Order as to Kizer will moot 11 this petition. 12 To preserve judicial resources, the Parties in this case stipulate to extend the 13 stipulated discovery order and scheduling order deadlines until June 7, 2018. The Parties will 14 notify the Court if the settlement closes in the meantime or if the Parties will proceed with 15 this petition. 16 17 Dated this 9th day of March, 2018. 18 19 20 Faegre Baker Daniels LLP Attorneys for Petitioner Jeffrey H. Wood Acting Assistant Attorney General Environment & Natural Resources Division Attorney for Respondent By: ____/s/ Jerome A. Miranowski____ Jerome A. Miranowski 2200 Wells Fargo Center 90 South 7th Street Minneapolis, MN 55402 (612) 766-7000 Jerome.miranowski@faegrebd.com By: ___/s/ Michael C. Martinez________ Michael C. Martinez (CA # 275581) Environmental Defense Section 601 D Street N.W., Suite 8000 Washington D.C. 20004 (202) 514-0135 Michael.C.Martinez@usdoj.gov 21 22 23 24 25 26 27 28 3 US.116859694.01 Case 3:16-cv-00395-LRH-WGC Document 25 Filed 03/09/18 Page 4 of 4 1 2 3 4 IT IS SO ORDERED: _______________________________________ ________________________________ UNITED STATES MAGISTRATE JUDGE UNITED STATES DISTRICT JUDGE DATED: __________ DATED: March 12, 2018. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 US.116859694.01

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